Sleep apnea decisions — 2017

The Veteran's appeal is being remanded for additional development to determine his ability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board has determined that the Veteran's sleep apnea and lumbar spine disability are not service-connected, as there is no direct evidence linking these conditions to his military service.

The Board finds that there is no competent or credible evidence to support the Veteran's claims for service connection for an acquired psychiatric disability, sleep apnea, bilateral hearing loss disability, tinnitus, and right shoulder disability. The earliest clinical evidence of these conditions does not date back to active service.

The Board denied service connection for sleep apnea and found that the Veteran's claim for an increased rating for headaches was not supported by evidence of a current disability. The Veteran's TDIU claim is also denied as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection have been dismissed due to the withdrawal of his attorney.,The Veteran's attorney withdrew from representation and thus, all appeals are dismissed.

The Veteran's lumbosacral strain is rated at 40 percent since November 5, 2007. The Board found that the Veteran's service-connected condition warrants this rating due to his limited range of motion and functional limitations. He does not meet the criteria for TDIU as he has one service-connected disability (lumbosacral strain) rated at least 40 percent disabling.

The Board has determined that the Veteran's hypertension and sleep apnea are not service-connected, as there is no evidence showing a direct link to his military service or any service-connected condition.

The Veteran's claims for service connection and a compensable rating are being remanded due to the need for additional development, including VA examinations.

The Veteran is seeking service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder. The Board has determined that a remand is necessary to obtain an addendum opinion from the VA examiner regarding whether the PTSD aggravated the OSA.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection for obstructive sleep apnea and skin rash. The Veteran will be provided another opportunity to provide evidence, and VA examinations will be scheduled to obtain medical opinions regarding his conditions.

The Veteran's claim for service connection for sleep apnea was denied. The Board found that the evidence did not support a finding of direct or secondary service connection, and thus denied the claim. For the issue of increased evaluation for visual acuity impairment due to cataracts, the Veteran received a 10% rating effective August 2, 2015.

The Board found that the Veteran's lumbar spine disability does not warrant a rating in excess of 20 percent, as there is no evidence of ankylosis or incapacitating episodes. The cervical spine disability also did not meet criteria for a higher rating.

The Veteran's service connection for coronary artery disease was granted, and a rating of 30 percent was assigned effective from November 22, 2010. The appeal is also granted for the earlier effective date for left ear hearing loss.

The Board found that the Veteran's current obstructive sleep apnea is not related to his active service and denied his claim for service connection.

The Board found that the Veteran's obstructive sleep apnea did not have onset during service and is not otherwise related to service. The Board also determined that it was less likely than not caused or aggravated by his service-connected hypertension.

The Veteran's lumbosacral strain with degenerative arthritis has been rated at 40 percent since July 14, 2008. The rating is based on the severity of his symptoms including pain, stiffness, swelling, instability, fatigue, and lack of endurance.

The Veteran's claim for service connection for sleep apnea was denied as the examiner concluded that his sleep apnea did not have its onset during service and was not caused by or aggravated by a service-connected disability. Specifically, hypertension.

The Veteran's right knee degenerative joint disease is rated at 20 percent prior to September 6, 2016 and 10 percent thereafter. His lumbar spine disability is rated at 20 percent. The Board granted the increased rating for his right knee degenerative joint disease and denied the TDIU claim.

The Veteran's claim for a rating excess of 10 percent for chronic lumbosacral strain prior to July 21, 2016, and in excess of 20 percent from July 21, 2016 onward is being remanded due to the need for additional development.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded due to inadequate etiology opinions and the need for a supplemental VA medical opinion regarding whether OSA is related to his service, including as due to herbicide exposure and/or PTSD.